- 1 - HC-KAR NC: 2026:KHC:5496-DB MFA No. 2623 of 2021 C/W MFA No. 3106 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 2623 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 3106 OF 2021 (MV-I) IN MFA No. 2623/2021 BETWEEN: MOHAMMED SHARIF AGED ABOUT 52 YEARS S/O LATE ABDUL KHADAR R/AT KASTURI GENERAL STORES KABAKA VILLAGE PUTTUR TALUK, D K DISTRICT …APPELLANT (BY SRI. RAJASHEKAR S, ADVOCATE) AND: 1. UMMER FAROOQ @ UMMER FAROOK AGED ABOUT 44 YEARS S/O HASSAINAR R/AT NEHARU NAGARA HOUSE KABAKA VILLAGE BANTWAL TALUK D K DISTRICT 2. UNIVERSAL SOMPO GENERAL INSURANCE CO LTD.M REGD. CORPORATE OFFICE UNIT 401, 4TH FLOOR SANGAMA COMPLEX Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5496-DB MFA No. 2623 of 2021 C/W MFA No. 3106 of 2021 127, ANDHERI KURLA ROAD MUMBAI - 400 059 3. THE MANAGING DIRECTOR M/S V.R.L. LOGISTIC LIMITED GIRIRAJ ANNEXE CIRCUIT HOUSE ROAD HUBLI DISTRICT 580 029 4. THE NEW INDIA 1ASSURANCE CO LTD., BRANCH OFFICE CITY BR II RAM BHAVAN COMPLEX 3RD FLOOR, MANGALORE D K DISTRICT …RESPONDENTS (BY SRI. RAJARAMA S, ADVOCATE FOR R1 SRI. B.PRADEEP, ADVOCATE FOR R2 SRI. ARAVIND M NEGLUR, ADVOCATE FOR R3 SRI. JANARDHAN REDDY, ADVOCATE FOR R4) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.03.02.2020 PASSED IN MVC NO.1353/2016 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, XI D.K, MANGALURU, SITTING AT PUTTUR, D.K, AWARDING COMPENSATION OF RS.9,26,848/- WITH INTEREST AT 7 PERCENT P.A. (EXCLUDING THE AMOUNT UNDER FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. IN MFA NO. 3106/2021 BETWEEN: MOHAMMED SHARIF AGED ABOUT 52 YEARS, S/O LATE ABDU KHADAR, R/AT KASTURI GENERAL STORES, KABAKA VILLAGE 574201, PUTTUR TALUK, D.K. DISTRICT ...APPELLANT (BY SRI. RAJASHEKAR S.,ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:5496-DB MFA No. 2623 of 2021 C/W MFA No. 3106 of 2021 AND: 1. DEVAPPA GOWDA AGED ABOUT 42 YEARS, S/O SHIVAPPA GOWDA, R/AT MARPU HOUSE, KOILA VILLAGE AND POST, BANTWAL TALUK, D.K. DISTRICT 574221 2. UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., REGD. CORPORATE OFFICE, UNIT 401, 4TH FLOOR, SANGAMA COMPLEX, 127, ANDHERI KURLA ROAD, MUMBAI 400059 3. THE MANAGING DIRECTOR M/S V.R.L. LOGISTIC LIMITED, GIRIRAJ ANNEXE, CIRCUIT HOUSE ROAD, HUBLI DISTRIT 580 029 4. THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE CITY BR II, RAM BHAVAN COMPLEX, 3RD FLOOR, MANGALORE, D.K.DISTRICT 575 001 ...RESPONDENTS (BY SRI. RAJARAMA S, ADVOCATE FOR R1 SRI. B.PRADEEP, ADVOCATE FOR R2 SRI. ARAVINDM NEGLUR, ADVOCATE FOR R3 SRI. JANARDHAN REDDY, ADVOCATE FOR R4) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.02.2020 PASSED IN MVC NO.1179/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, XI D.K.MANGALURU SITTING AT PUTTUR D.K, AWARDING COMPENSATION OF RS.3,87,153/- WITH INTEREST AT 7 - 4 - HC-KAR NC: 2026:KHC:5496-DB MFA No. 2623 of 2021 C/W MFA No. 3106 of 2021 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. These two appeals have been filed by the owner of Vehicle No.KA-21-A-8782, Goods Tempo, which was one of the two vehicles involved in the accident inasmuch as the insurer of the said vehicle has been absolved from the liability and the owner has been saddled with liability for satisfying the award dated 03.02.2020 passed in MVC No.1353/2016 and MVC No.1179/2017 by the V Addl. District and Sessions Judge & Member, Addl. MACT., XI D.K. Mangaluru, Sitting at Puttur, D.K. (for short 'Tribunal'). 2. The facts are not much in dispute. The two vehicles i.e., KA-21-A-8782-Tempo and KA-25-A3308 - Lorry, met with an accident on head on collision between these two - 5 - HC-KAR NC: 2026:KHC:5496-DB MFA No. 2623 of 2021 C/W MFA No. 3106 of 2021 vehicles on 21.07.2015. Two occupants of the tempo suffered injuries, who have been awarded the compensation of ₹3,87,153/- (in MVC No.1179/2017) and ₹9,26,848/- (in MVC No.1353/2016). The liability of the insurer in respect of the tempo bearing registration No.KA- 21-A-8782 has been fastened on the owner on the ground that though the Tribunal has held that the persons suffered injuries in whose favour the compensation was awarded are the loader/unloader and clearer. Once the Tribunal finds that the person who have suffered injuries are loader/unloader and the cleaner and they are within the three occupants, fastening liability on the owner and discharging the insurance company does not appears to be correct. 3. Though Mr. B. Pradeep, learned that counsel appearing for the insurance company has vehemently tried to support the impugned award, but looking at the insurance policy, which mentions, the carrying capacity of the Tempo in question is three and there were only three occupants, - 6 - HC-KAR NC: 2026:KHC:5496-DB MFA No. 2623 of 2021 C/W MFA No. 3106 of 2021 out of which, two have suffered injuries, fastening liability on the owner and absolving the insurance company is against the policy and the findings recorded by the Tribunal itself. Therefore, we direct the insurance company i.e., Universal Sampo General Insurance Co. Ltd. to pay its share of liability to the injured in whose favour the award has been made by the Tribunal. 4. With the aforesaid observation, we allow these two appeals. If any deposit made by the owner/ appellant, the same shall be released in his favour along with the accrued interest on proper and due verification. Sd/- (D K SINGH) JUDGE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 0